An agreement of the parties for the rental of a residential
dwelling unit may be terminated in the following manner:
A.
Termination shall be for good cause as defined in § 9.4-10 of this chapter or for violations of the terms of the rental/lease agreement between the parties.
B.
The written notice must contain the reasons for the termination and
inform the person receiving notice of the right to make a reasonable
reply.
The notice must be delivered within the following periods of
time:
A.
No less than seven (7) calendar days prior to the termination of
the rental agreement for any failure to pay rent or other payments
required by the agreement.
B.
No less than three (3) calendar days prior to the termination of
the rental agreement for nuisance, serious injury to property or injury
to persons. In situations in which there is an emergency, such as
a fire or condition making the dwelling unsafe or uninhabitable, or
in situations involving an imminent or serious threat to public health
and safety, the notice may be made in a period of time which is reasonable
given the situation.
C.
No less than fourteen (14) calendar days in all other situations.
A tenant may be evicted for the following:
A.
Nonpayment of rent for two (2) consecutive months or for three (3)
months out of any five-month period;
B.
Chronic late payment of rent, which means paying rent after the due
date on three or more occasions during the rental period;
C.
Nuisance, intentional or reckless damage, destruction or injury to
the premises or other property of the landlord or to property of other
tenants;
D.
Disturbing or interfering with another tenant's right to quiet
enjoyment of a dwelling unit or premises; or
E.
Occupation of any premises without permission.
A.
When the landlord wishes to obtain possession of a premises from a tenant where there exists one or more legally recognizable reasons to evict the tenant occupying the premises, the landlord shall, within the time periods prescribed in § 9.4-9, give to the tenant a notice to quit.
B.
The notice to quit shall be addressed to the tenant and set forth
the specific reasons why the landlord wants to evict the tenant and
the date on which the landlord intends to take over the premises.
C.
The notice to quit shall be in writing and shall be served or delivered
to the tenant as follows:
(1)
Personal service by an adult person with an affidavit of service
filed with the Tribe; or
(2)
Certified mail to the tenant at the tenant's last known address
with return receipt required; or
(3)
Posting on the main entry door to the premises a copy of the notice
to quit after first sending a copy of the notice to quit by regular
mail to the tenant at the premises.
After notice to quit is served upon a tenant, the landlord and
tenant may engage in discussions to avoid an eviction proceeding and
to settle the issues between the parties. An agreement to enter into
discussions will not affect the legal rights of the parties.
Except by mutual consent of the parties, no landlord may compel
a tenant to vacate any residential rental unit in a forceful fashion
or way which causes a breach of the peace without giving notice to
quit and obtaining a Tribal Court order as provided in this chapter.
A.
After notice to the tenant as required in § 9.4-11, and the tenant's refusal or failure to surrender possession of the premises, the landlord may file a complaint for eviction and for such other relief as the Court may deem just and proper. The complaint shall contain:
(1)
The name of the tenant against whom the legal action is being taken;
(2)
A copy of the rental agreement between the tenant and the landlord;
(3)
The address of the premises;
(4)
The statutory grounds for eviction;
(5)
A statement showing that notice to quit has been served according
to statute;
(6)
The relief demanded, including any claim for damages, fees, costs or other special relief, which may include nonpayment of rent or other costs between the time of notice and the execution of judgment described in Subsection E; and
(7)
If the landlord is the Nottawaseppi Huron Band of the Potawatomi
Indians' Housing Authority, a statement that the Housing Authority
has complied with all required regulatory processes prior to filing
the eviction complaint.
B.
Upon filing of an eviction complaint, the Tribal Court shall:
(1)
Set a hearing date not more than fourteen (14) calendar days following
the date of filing;
(2)
Notify the tenant of the hearing date by personal service, or if
personal service is not practicable, by certified mail to the tenant's
last known address; and
(3)
The Court may order the tenant to pay the landlord rent for the use
and occupancy of the premises during the pendency of the eviction
case.
C.
The burden of proof in an eviction case is on the landlord to show grounds for eviction as contained in § 9.4-10 of this chapter or by the terms of the rental agreement by a preponderance of the evidence.
D.
The Court shall enter a judgment after a hearing in an eviction case
within fourteen (14) calendar days. The Court has equitable power
to enter any order that is fair and just and may order, but is not
limited to order, the following:
(1)
Order the immediate eviction of the tenant and delivery of the premises
to the landlord;
(2)
Grant damages to the landlord for any injury or harm to the premises,
plus reasonable interest;
(3)
Establish a payment plan for the tenant;
(4)
Order rent payments through wage assignment or garnishment or out
of a per-capita payout, if applicable;
(5)
Order the tenant to perform work for the landlord to pay off back
rent, at an hourly rate to be determined by the Court;
(6)
Order the payment of attorneys' fees or costs; and
(7)
Grant any other relief allowed by law or in equity.
E.
Execution of judgment.
(1)
An order of eviction may be executed by a duly authorized law enforcement
officer or an officer of the Court, appointed by the Court for such
a purpose. To execute the order of eviction, the officer shall:
(a)
Remove all evicted persons form the premises and verbally order
them not to return;
(b)
Provide a copy of the order of eviction to all tenants;
(c)
Post copies of the order of eviction on all exterior doors of
the premises if no adult tenant is present; and
(d)
Supervise the removal of any possessions of the evicted tenant(s).
(2)
Upon receipt of any order of eviction, any law enforcement officer
may execute that order within five (5) calendar days upon receipt.
